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1984 CLC 1386

MUHAMMAD NAZIR AND OTHERS vs PUNJAB PROVINCE AND OTHERS

Petitioner: MUHAMMAD NAZIR AND OTHERS VS Respondent: PUNJAB PROVINCE AND OTHERS

Court: Lahore High Court Decision Date: 1983-03-05

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Muhammad Munir Khan Title: MUHAMMAD NAZIR AND OTHERS vs PUNJAB PROVINCE AND OTHERS Case No.: Civil Revision No, 641 of 1982 Date of Judgment:1983-03-05 Reported As: 1984 CLC 1386 Result: Petition dismissed

Judgment ORDER ' This revision is directed against the order, dated 19-10-1982 whereby the learned Additional District Judge, Sahiwal, refused to condone the delay in filing of appeal titled Muhammad Nazir and others v. The Province of Punjab and others. 2. Learned counsel for the petitioners submits that it was on account of the wrong advice of the counsel that the petitioners filed revision instead of appeal and as such there were sufficient reasons for condoning the delay in filing the appeal. 3. After hearing the learned counsel and going through the record I find that the appeal is admittedly time-barred. The petitioner has not placed on record the affidavit of the learned counsel who allegedly had given wrong advice. Even otherwise wrong advice by a counsel is not a sufficient ground to condone the delay. As for the prayer for condonation of delay the learned Additional District Judge had discretion to allow A or refuse the same. The learned Additional District Judge has applied his mind to the legal and factual aspects of the case and has given sound reasons for not condoning the delay and as such it cannot be said that he exercised his jurisdiction illegally or improperly. 4. For what has been stated above it is not a fit case for interferences under section 115 of C. P. C. Dismissed in limine.

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